Manigandan vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 23.10.2025, for the alleged offence punishable under Sections 126(2), 296(b), 115(2), 309(4), 311, 351(3) of BNS, in Crime No.726 of 2025, on the file of the respondent police, seeks bail.

The allegation against this petitioner, is that he is ranked as A3 in this case and he was involved in theft of Rs.2500/-, by joining hands with other two accused. Hence this case.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he is aged about 21 years and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and he is in judicial custody from 23.10.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that totally 3 accused in this case all were arrested, however, no recovery was effected. It is also stated that the petitioner is not having any previous case and he opposed for grant of bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, that the petitioner is not having any previous cases and he is in custody from 23.10.2025, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvottiyur, and on further conditions that:-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and also the petitioner shall deposit a sum of Rs.2000/- (Rupees Two Thousand only) in Crime No.726 of 2025 at the time of executing sureties;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.